Bipartisan Legislation to Protect Streams, Rivers and Wetlands Clears Committee

Bill would reinstate and expand critical protections jeopardized by the Sackett v. EPA decision

DENVER, CO – Today the Senate Finance Committee approved Senator Dylan Roberts’, D-Frisco, bipartisan legislation to protect streams, rivers, and wetlands.

The Clean Water Act authorizes the Environmental Protection Agency (EPA) to define “Waters of the United States” and the Army Corps of Engineers to regulate discharges from dredge and fill activities into waters that meet that definition. The U.S. Supreme Court decision in Sackett v. EPA in 2023 redefined what constitutes waters subject to federal regulation and placed an estimated 60 percent of Colorado wetlands at risk of losing protections. The impacted wetlands and seasonal streams work to ensure an adequate water supply, aid groundwater recharge, and provide for wildlife habitat in Colorado.

“There is no more important resource to our state and no more pressing challenge that we will face as a state in the decades to come than protecting our water,” said Roberts. “Last year’s Supreme Court decision jeopardized protections for over half of Colorado’s wetlands, which threatens water supply, wildlife habitats, and our state’s environment and economy. This bipartisan bill will protect streams, rivers, and wetlands that are vital to Colorado by creating a new Colorado-based permitting program to implement proven best practices for dredge and fill activities with key protections for agriculture and other crucial industry activity.”

Cosponsored by Senator Barb Kirkmeyer, R-Weld County, HB24-1379 would create a permitting program within the Colorado Department of Public Health and Environment for dredge and fill activities impacting state waters. The permitting framework is based on well-established approaches already used by the Army Corps of Engineers, and would provide clarity and certainty on when a permit is needed for dredge and fill activities. Normal farming, ranching, and agricultural activities, such as plowing, farm road construction, ditch maintenance, and erosion control practices would not require a permit.

Until the recent decision in Sackett v. EPA, the Army Corps’ permitting program safeguarded the vast majority of Colorado’s state waters from pollution caused by dredge and fill activities. Dredge and fill activities involve digging up or placing dirt and other fill material into wetlands or surface waters as part of construction projects. These operations are necessary in many infrastructure projects including roads, bridges, housing developments, flood mitigation, and utility pipelines. HB24-1379 would provide a way for these projects to move forward while protecting Colorado’s water resources.

HB24-1379 now moves to the Senate Appropriations Committee for further review. Track its progress HERE.